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  • Essay / The Juvenile Justice System - 878

    The history of the juvenile justice system began many years ago, before any of us were born in today's society. The juvenile justice system is defined as "a system of treating juveniles separately from adult offenders, based on the concept of parens patriae, which served as the basis for giving the court the power to take over the supervision of children when their parents failed. to provide care and advice. (Seiter) The word parens patriae means "parents of the nation", created in 1601 to allow officials to take care of delinquent children and place them in almshouses or orphanages to take control of them; in more modern times, this doctrine has been expanded to serve as the basis for juvenile courts and correctional systems to assume responsibility for the juvenile court period (1899-1960). “The juvenile justice system was not created until Illinois passed the Juvenile Court Act. The first court was established in Cook County (Chicago) in 1899. The use of a separate juvenile court, initiated in Cook County, proved popular, and by 1925 all but two states had created juvenile courts or probation departments separate from their adult systems. (Seiter) This had to be done for the best interest and welfare of the juveniles and their environment by separating them from adult offenders. This is because minors are not adults and therefore should not be accommodated with them in an institution. The period of minors' rights (1960-1980). It was a time of many changes for juvenile justice, such as: “Due process; Kent v. United States (1966) - Conditions for waiver of transfer, In re Gault (1967) Right to the assistance of a lawyer, right not to incriminate oneself, right to confront a witness. In Winship: "Beyond a Reasonable Doubt" Required for Conviction in Criminal Cases, Breed vs. Jones: Double Juvenile Justice, the primary focus of the period was the "shift from the medical model (of treatment ) to the model of justice and the attitude of “showing firmness”; The “best interests” of society have taken precedence over these young people; The Supreme Court approves the preventive detention of young people – Schall decision (1984); the emphasis is on deterrence and just deserts. (Hess, Orthmann, and Wright) As times have changed, so have the actions and crimes of juveniles. There is currently more underage drug use, alcohol abuse, school shootings and other crimes within society. In Schall v. Martin (1984), “States have the right to place minors in preventive detention to protect society when the minor is dangerous.” (doctor.com) When a juvenile must be dangerous for a crime he has committed, it is best for him to be detained in a juvenile facility until the time of his trial, to face the crime he was about to commit. The period that I believe has been most influential in the evolution of the juvenile justice system is the Crime Control Period (1980-Juvenile Justice HistoryPresent). I state this because all five periods of juvenile justice history are important and each has served as a good foundation from one period to the next. Each period should be a learning process that can be used to determine what worked and what failed. In today's society, there need to be more programs and laws to help troubled minors. This